education in the States and territories, as shall aid the Sec. people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country].

B. Method of aid

The Commissioner of Education is authorized to enter 331(a) into contracts or jointly financed cooperative arrangements with universities, colleges, and State education agencies for the conduct of research, surveys, and demonstrations in the field of education.

C. Authorization of appropriations

The law authorizes an annual appropriation of such 832 funds as Congress may determine necessary to carry out the purposes of the program.

D. Requirements

Proposed research projects are subject to the approval 331(b) of the Commissioner and are to be evaluated by the board of research specialists on the basis of the following criteria: soundness of design, the possibilities of securing productive results, the adequacy of a proposing organization's resources, and the relation of the proposed research to similar educational research already completed, or in

process.

E. Administration of the program

331(c)

The Commissioner of Education is charged with the 331(b) administration of the program. He is required to act upon the advice and recommendations of competent research specialists. Each year the Commissioner must transmit a report to Congress on the research initiated under the law, on the recommendations made by the research specialists, and on any action taken according to those recommendations.

II. Legislative background: Selected major provisions by statute, and citations to the sections of the United States Code affected by each

Act establishing the program:

68 Stat. 533 (1954), 20 U.S.C. secs. 331-332 (1958). GRANTS FOR EDUCATIONAL TELEVISION BROADCASTING FACILITIES

(Public Law 87-447)

I. Substance of the existing law, keyed to sections of the act as found in the United States Statutes at Large, 76 Stat. 64, Public Law 87-447

NOTE. The supplement to the United States Code that will carry this Act had not been published when this analysis was prepared. Thus the citations are to the section numbering of the Act in 76 Stat. 64, and Public Law 87-447.

91874-634

Beo.

390

392 (a)

392 (e)

392 (b)

892 (d)

394 (1)

392 (a)

A. Purpose

To assist the States in the construction of educational television broadcasting facilities through matching grants.

B. Method of aid-matching grants; appropriations and apportionment

1. Total. A total of up to $32 million is authorized for appropriation during the fiscal years 1962-1966. Sums that are appropriated during that period are to remain available for the payment of grants on approved applications submitted before July 1, 1968.

2. The matching formula. The Secretary of Health, Education, and Welfare may grant to a qualified applicant up to fifty per cent of the amount determined by him to be the reasonable and necessary cost of the project. In addition he may grant up to twenty-five per cent of the amount determined by him to be the reasonable and necessary cost of any educational television broadcasting facilities owned by the applicant on the date on which the application is filed. However, "the total amount of any grant *** with respect to any project may not exceed seventy-five per cent of the amount determined by the Secretary to be the reasonable and necessary cost of such project".

3. The State apportionment. No more than $1 million may be granted for the construction of educational television facilities to be located in any one State. Within this limitation the Secretary may apportion the grants by approving applications on the basis of (1) equitable geographic distribution of the facilities throughout the States, (2) the providing of facilities which will serve the greatest number of persons in as many areas as possible, and (3) the achievement of prompt and effective use of all educational television channels that are available.

4. Definition of "State" for purposes of eligibility. For the purposes of the Act, the term "State" includes the District of Columbia and the Commonwealth of Puerto Rico. Thus grants for construction of facilities in these areas may be made by the Secretary of Health, Education, and Welfare.

C. Necessary qualifications for approval of applications for a grant

To secure a grant an application must be submitted to the Secretary of Health, Education, and Welfare. The application must contain such information as the Secretary by regulation requires, and must assure the Secretary that certain requirements will be met. These are set out below in subject headings.

1. The applicant. The application for the grant must sec. provide satisfactory assurance to the Secretary that the 892(a) (1) applicant is one of the following:

a. An agency or officer responsible for the supervision of public elementary, secondary, or higher education within the State, or within a political subdivision of the State.

b. The State educational television agency, which is 39(a)(1) defined as (1) a board or commission established by State law to promote educational television within a State, (2) a board or commission appointed by the Governor of a State to promote educational television within a State, provided that such appointment is not inconsistent with existing State law, and (3) a State officer or agency responsible for the supervision of public elementary, secondary, or higher education within the State, which has been designated by the Governor to assume responsibility for the promotion of educational television.

c. A college or university that derives its support in whole or in part from tax revenues.

d. A nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage educational television broadcasting, and which is eligible to receive a license from the Federal Communications Commission as a noncommercial educational station, as defined by the rules and regulations of the Commission in effect on April 12, 1962. "Nonprofit" for the purposes of the Act means that no part of the net earnings of the foundation, corporation, or association may be made available for the personal benefit of any private shareholder or individual.

2. Control of the facilities. The application must provide satisfactory assurance to the Secretary that the educational television broadcasting facilities will be under the control of the applicant or someone who qualifies as an applicant.

392 (a) (1)

392 (a) (1)

394(5)

392 (a) (2)

3. Use of the facilities. The application must pro- 392 (a) (4) vide satisfactory assurance to the Secretary that the television broadcasting facilities to be constructed will be used only for educational purposes.

4. Necessary availability of local funds. The application must provide satisfactory assurance to the Secretary that funds will be available to construct, operate, and maintain the television facilities when needed.

D. Use of the grants and limitations on their use

1. Construction of educational television broadcasting facilities. "Construction" is defined for purposes of the

392(a) (2)

394 (2)

Sec.

392 (e)

392 (f)

396

392(e)

393 (b)

895

Act and is limited to the following activities: the acquisition and installation of transmission apparatus necessary for television broadcasting; such apparatus includes towers, microwave equipment, video-recording equipment, and apparatus which may incidentally be used to transmit closed circuit television programs. Specifically excluded is the construction of buildings or structures to be used for the housing of the apparatus.

2. Interconnection of stations. No more than fifteen percent of any grant may be used for the acquisition or installation of microwave equipment, boosters, translators, or repeaters which are to be used to connect two or more broadcasting stations.

3. Return of the funds for failure to maintain the terms of the Act. In two instances the United States will be entitled to recover from the owner of the facilities a percentage of the value of the facilities equal to the proportion that the Federal participation bore to the cost of the construction of the facilities. Such recovery by the United States must be based on the occurrence of one of the following circumstances within ten years after the completion of the facilities: (1) The applicant or other owner of the facilities ceases to be an "applicant," as described in C.1., above, or (2) the facilities cease to be used for educational television. As to the latter, the Secretary of Health, Education, and Welfare may determine that there is good cause for releasing the owner from the obligation.

E. Administration of the grants and the facilities

1. Administration of the grants by the Federal Gov

ernment.

a. The Secretary of Health, Education, and Welfare is charged with the duty of approving the applications for the grants, and with determining the amounts of the grants. In addition, he is authorized to make rules and regulations as necessary to carry out the program.

b. The Secretary must also determine the reasonable and necessary cost of each project in order to fix the amount of the Federal contribution to each. The Secretary is to pay the determined amount in advance or in installments consistent with the progress of the facilities.

c. The Secretary and the Comptroller General of the United States are to have access to the books and records of the recipients of the grants, insofar as they are pertinent to the assistance received, for the purposes of examination and auditing.

d. The Federal Communication Commission is authorized to provide assistance to the Secretary, and the Secretary is required to consult and cooperate with the Commission in the administration of his functions to the extent that they are of interest to, or affect the functions of the Commission.

397

e. Nothing in this Act is to be construed as author- Sec. izing the United States or its agents "to exercise any direction, supervision, or control over educational television broadcasting, or over the curriculum, program of instruction, or personnel of any educational institution, school system, or educational broadcasting station or system."

2. Requests for grants and other duties of the "applicant".

a. When requesting a grant, the applicant (as de- 892(a) scribed in C.1, above), is to provide the Secretary of Health, Education, and Welfare with such information as he by regulation may require.

b. In order to coordinate the construction of the 892 (c) facilities, each applicant for a grant must notify the State educational television agency of its application, if such a State agency has been established. The Secretary will then advise the State agency of his disposition of each application received from within the particular State.

c. Each recipient of a grant must keep records for 398 (a) the benefit of the Secretary in carrying out his functions, and as are necessary to facilitate an effective audit. These records must fully disclose the amount and disposition of the grants, the total cost of the project for which the funds have been given or used, and the amount and nature of the cost that is borne by sources other than the Federal Government.

II. Legislative background

Enabling legislation:

Title III of the Communications Act, 76 Stat. 64, P.L. 87-447. Citations to a supplement of the United States Code were not available at the time this analysis was prepared.

LAND GRANT COLLEGES

Public Law 242 (1907), Public Law 182 (1935), Public Law 390
(1952), Public Law 86-658

I. Substance of existing law, keyed to the United
States Code

This analysis does not include legislation concerning Agricultural Experiment Stations or Cooperative Agricultural Extension work.

NOTE.-Section references are to Title 7 of the 1958 Code unless preceded by an asterisk. Section citations marked by an asterisk are found in Supplement III to the 1958 Code.

This program may be considered in two parts: first, the foundation of the colleges under the land-grant provisions of the Morrill Act of 1862, and second, the supplemental annual appropriations as established in the Mor